UPSC Prelims PYQ 2023: Preventive detention, Article 355 and POTA confession
Consider the following statements:
- According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances.
- The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention.
- According the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence.
How many of the above statement are correct?
- Only one
- Only two
- All three
- None
Explanation
Statement 1 is correct
- Under Article 355 of the Indian Constitution, the Union has the responsibility to safeguard every State against external aggression and internal disturbances, and to ensure that the governance of each State is conducted in accordance with the provisions of the Constitution.
Statement 2 is correct
- Under Article 22 of the Constitution of India, a person who is arrested must be informed of the grounds of arrest and has the right to consult and be defended by a legal practitioner of their choice. Such a person must also be produced before the nearest magistrate within 24 hours of arrest, excluding travel time, and cannot be detained beyond this period without the magistrate’s authority. However, Clause (3) of Article 22 provides exceptions to these safeguards. It states that these rights do not apply to enemy aliens or to persons arrested or detained under laws relating to preventive detention. Therefore, in cases of preventive detention, the State is not constitutionally bound to provide access to legal counsel.
Statement 3 is incorrect
- As per the Section 32 (1) of the Prevention Of Terrorism Act (POTA) 2000:
- Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made by a person before a police officer not lower in rank than a Superintendent of Police and recorded by such police officer either in writing or on any mechanical or electronic device like cassettes, tapes or sound tracks from out of which sound or images can be reproduced, shall be admissible in the trial of such person for an offence under this Act or the rules made there under.
Answer: (b) Only two; Difficulty Level: Medium
